Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76358 of 2019 Arising Out of PS. Case No.-97 Year-2019 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== JITENDRA PASWAN Son of Shringar Paswan @ Sigar Paswan Resident of Basobagi, P.S.- Barh, District- Patna.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Rail G.R.P. Bakhtiyarpur (Barh) P.S. Case No. 97 of 2019 registered for the offence punishable under Sections 379, 411/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the name of the petitioner has come in the confessional statement of co-accused Mukesh Paswan and the petitioner has not been identified by the informant. It is further submitted that no incriminating material has been recovered from possession of the petitioner and the petitioner has no criminal antecedent. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.76358 of 2019(5) dt.06-03-2020 2/3 Considering the facts and circumstances of the case wherein the petitioner has not been identified by the informant at the place of occurrence and name of the petitioner is said to have transpired in the confessional statement of co-accused Mukesh Yadav, however, no incriminating article has has been found from possession of the petitioner and the petitioner has no criminal antecedent, let the petitioner above named in case of his arrest or surrender within a period of four weeks from today in connection with Rail G.R.P. Bakhtiyarpur (Barh) P.S. Case No. 97 of 2019 be released on bail on furnishing of bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Patna , subject to the conditions as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required:

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer; (iii) a condition that the person shall not leave India

Patna High Court CR. MISC. No.76358 of 2019(5) dt.06-03-2020 3/3 without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T